HomeMy WebLinkAboutO.B. 4 CAMPAIGN CONTR 03-02-92n- n tzi cTnTrcS rTn. 4
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3-2-92
G E N
li
Inter -Com
DATE: FEBRUARY 26, 1992
HONORABLE MAYOR
TO: CITY COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: ELECTION CAMPAIGN CONTRIBUTION RL0TRICTX0W5/REV%EW OF
DRAS+ T ORDINANCE AND OTHER RELEVANT STATUTES
Pursuant to the City Council f a request, this memorandum
is to
address a draft ordinance regulating campaign other
ns
presented to the city council by Mr. Berklee Maughan.
campaign contribution ordinances from other Orange County
jurisdictions (including a new Costa Mesa ordinance) are also
reviewed.
The ordinance was prepared by attorney Bob Stern who is with
an organization by the name of California Commission on Campaign
Financing. Mr. Stern advises that the dollar limits set forth in
the draft ordinance were provided to him by Mr. Maughan. He states
no public entity in California has adopted such an ordinance ( in
toto) to date.
The Tustin Municipal Code does not regulate campaign
contributions in any respect.
I. SUMMARY oVERVIF1
Regulation of election campaign contributions fall generally
into the following two groupings:
A. Limitations or "CAPS" on the amount of . each
contribution to a candidate;
a. Prohibitions or restrictions against an office
holder's ability to vote on City iftatters the candidate's
could have a financial effect n
contributor.
The draft ordinance submitted byi
Mr.several reshan pects.
regulations restricting campaign contributions n
the fUll
(A summary of the ordinance is attached as Exhibi unique d provision
draft is attached as Exhibit B-)
It also has a Q
dealing with limitations on campaign expenditures if voluntarily
accepted by the candidate.
02-26-92 04:56PM FROM ROME & WUUDX r l u dizubZ0
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First, the ordinance createsa a $100 lid on Ond lid ual
contributions, or in the alternative, allows $5
on
individual contributions if the candidate voluntarily aaress to
limit his/her campaign expenditures to a ma i ua candidate 30000 had
er
election. (Sections 300 and d the election, he/she would
no intention of spending $30,,000 an
naturally opt for the $500 CAP on individual contributions.
second, it restricts campaign contributions by business prohibiting with the
contributions from certain er, contractorsdoing
tv "non -elected City
City. (Section 311.) Furth ,
officials" from persons having proceedings pending before the
public official are prohibited. (Section 312.)
It is our opinion that the ordinance taken ght wholeof would
more likely than not be held constitutional in light
case
law decisions discussed in thisopinion.
on November 61 1990, the voters of the City of costa Mesa
approved regulations which restrict a Council
emberla contributorability to
It
vote on matters affecting the Council Member's
provides:
"For purposes of this section, At ashall financial
Interest as def ined by th
include any campaign contribution of
00-0
or more from a contributor agent of a
contributor in a twelve month interval prior
to the date on which the decision involving
lCing
the contributor is to be made.
ty
Council member shall accept, solicit or direct
a contribution of $500.00 or more from any
party or his or her agent, while a procvoding
involving a license, permit or other
entitlement for use Jr. pending before Cthe
Council and for three monfollowing
date a final decision is rendered in the
proceeding if the Council member knows, or has
reason to know, that the participant
at rcipari used in
financial interest, as that
the Political Reform Act of 19744#1
In essence, this ordinance seeks tohprevent
couid haveoancilperson
financial.
ions
effect, distinguishable m
from voting on governmenfrod�tsse i cWhich
on the public generally, on
major contributors. (more than $500.00) the Coup; iprovioing
nfs
campaign. The ordinance achieves this purpose Y
that the Councilperson has a financial interest
atinCou governmental
ernmental
decision wherein a majoroontributor etha last 12 months and
campaign has given $500.0or more within
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the governmental decision involves the contributor;shall not 2) the
ordinance further provides oofCilperson �5 0 00 or more while a
solicit or direct a contribution
proceeding involving a license, permit or other entitlement is
pending before the City Council.
We are advised that this ordinance was patterned after
tal of f f cera
law provision which regulates voting of g ernsn d
serving on multiple boards. (See Government code 84308.)
To our knowledge, no appellate decision has ever ruled on the
constitutionality of a Costa Mesa type ordinance or Government tCode
84308 upon which it is based. HOb�sed,on the trey recent appellate
tack
could be made on this ordinance c 91 D.A.R. 16146, discussed
decision Harv��in v. Go Water s r
below.
OTHER PUBLIC EHTIT=
our survey of other governmental entities in the County
indicate the following:
A. No other city in Orange County has an ordinance similar
to the draft ordinance. Four cilias do Those citiesave CAPs on with CAPs on
contributions from contributor.Those
are:
contributions from individual
Irvine
San Juan Capistrano
Fountain Walley
Huntington Beach
CAP ON INDIVIDUAL
CON IBU
$150
Maximum
$loo
maximum
$5oo
maximum
0300
maximum
enacted b
In addition, Proposition 73 ( Y the voters in 1988)
prohibits individual contributions of more than T�is $1 j provision
to a
candidate for elective office in any fiscal yea
r.was held unconstitutional on 2/7/92 by the Ninth Circuit Court of
Appeals. (See discussion below.)
B. The County of Orange does have a voting prohibition
provision similar to the Costa Mesa rule.
Orange County Municipal
Code Section 1-6-4 provides that a member of a decision may
Supervard of
isors may not vote on a public material atter wherefinancial effect,
have a+ reasonably foreseeable m on a
distinguishable from its effect on the public generally,
"major campaign contributor" to that Board members contributed
or
" n is def inod to be one who has contributor of a campaign
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more than $1,874.00 in the aggregate over the past 48 months. ( See
Exhibit A, copy of County of Orange Ordinance.)
IV. OVERVIEW OF C S LAW
In 1916, the United States Supreme Court ruled that contributions
entities may lublic
awfully limit contributors l to amount
election campaign.
received from individual
However, campaign limitations on expenditures are not
constitutionally valid. Bucklgv V. Valeo 424 U.S.
l.
Since 1988, state law (Propositions 68 and 73) has limited
contributions to $1,000 par contributor. Proposition 68 was held
invalid because Proposition 73 passed with a greater
rov dad during
that
the 1988 statewide election. ono eo rc�trictive a ntrion @73 also ibutian limits
local government could create
(Government Code Section 85101).
Very recently, a federal appeals court nethe
in the
mition 73
$1,000 campaign Contribution limit to a e unconstitutionalth
case of s
InternationSinion- y. Ea
practices Commissld� Fed. 2d (1992). The Ninth Circuit
Court of Appeals fond that Propos�tion 7 ause CO th itu
tionally
ucampaign
discriminated against non -incumbents bac year. Since non -
contribution limitation was tied to each f isca� y
the
incumbents decide to run relatively late in raise theion amount offunds
court reasoned they havfar less rafi to
appears to comply
available to an incumbent.
with the service E=,1.0vees case because it treats candidates and
challengers equally.
Also, that portion ofproposition 73 giving authority to local
government to limit contributions was unaffected by this case.
Very few cases have dealt with the issue of ight ofa legislative
her it La
constitutionally permissible to restricte contributors to that
body member to vote on matters affecting
person's campaign.
In 19908 the U.S. Supreme Court stated campaign
gene al legal
Proposition that public regulation of of may be legally
to
prevent corruption, or the appearancep nulega v.
valid depending on the circumstances of the situation. The
c i a arab o commerce (1990), 110 S.Ct. 1391.
regulation must be narrowly drawn and must reasonably
n relate sized that
goal to be achieved. The Austto the
case, however, p
regulations which impact campaign contributions to
Fcandidates
for
t
off ice restrict First Amendment Rights. Because
Rights are implicated, the government has an obligation
iby the
demonstrate that there s a compelling interest
regulation.
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02-26-92:':: _ M HUM HUXft & wuullxurr lu bizu0Lo
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Recently, in Harwin v. Goleta Water DistriC 91 Circuit Daily ourt not
D.A.R. 16146 (December 30. 1991), Dist ietlnth ordinanco which barred
Appeals invalidated a Goleta water
board members from voting on water connection applications that Eros
parsons who had contributed $250.00 or more to P
campaign. The Ninth Circuit court of Appeals held that the
ordinance was unconstitutionally discriminatory because the Bodrd
member was not barred from voting
on a water application where
of the water connection application had contributed large
sums to that particular Board member's campaign. citing the Austin
case, the court acknowledged that the Goleta Water District
ict haloa
legitimate governmental interest in the seeking
potential of public
rond is i Ta lnatory rules in eliminating p
corruption through excessive contributions to a legislative
member's election campaign.
These cases stress the importance of public ikregulation
treating groups of persons "similarly imuated act3 First Azaandment
regulation affecting camop� lsncontributions association. As such, the
guarantees of freedom speech and
regulation cannot be discriminatory. The draft
in our nopinion.
taken as
a whole, meets this constitutional standar
The voluntary restriction of $30,000 on campaign expenditures
may withstand constitutional attack under the Bugkl case because
it triggers only upon the candidate's acceptance is CAP -
However, no case has ever ruled on this typ® regulation.
V. CONCLUSIONS
1. The draft Tustin Campaign Ordinance is boh m re offers
hensive
and complex. It sets limits on individual contributionsit
a mechanism for self imposed limits on expenditurescontractors ; and
has prohibitions on contributions from certain
receipt of oontributions to non-elacted City public 1riremer; it
has extensive controls over reporting and disclosure rEi
in our opinion, the ordinance, taken as a whole, would
probably pass constitutional muster. ..
2. Costa Mesa is the first Orange county City the restrict
voting where there may be a financial effect e
person's contributor. The County of Orange has based similar rule.
Such a prohibition raises Constitutional concernsPo
n the
Harwirr decision.
3. The U.S. Supreme Court has stated that the regulation
prevention of
corruption in governmental voting through the eg latithe
campaign financing is constitutionally permissible.
ff ct bof.theoweverl regulation
regulation cannot be overly broad. Th
cannot bo discriminatory against persons who are similarly
situated.
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4. it is recommended that, should the City Council desire
eoto
ur
move in the direction of regulation of campaign
Consistent with the
nst
office be directed to prepare an ordinance
legal principles discussed above.
CC: William Huston
V.%HoMm V.ATF eVRS%H12
6
30"v R. SHAW
A STANT CITY ATTORNEY
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EXHIBIT A
SUMMARY OF DRAFT TUSTIN CAMPAIGN ORDINANCE
Section 300 Establishes a $100 lid on -individual contributions.
Section 301 Establishes a $10,000 lid on Contributions from
"non- individuals "•.
Section 302 No fund raising more than 6 months before election date.
Section 303 No transfer of contributions from one candidate or
committee to another.
Section 304 gifts and honoria in excess of $500 over two year period
(other than family member) prohibited.
Section 305 Contributions can be returned if not cashed or
Negotiated.
section 306. organizations and other entities are treated as one
Contributor.
section 307 Rules governing Loans.
Section 308 Family contributions.
Section 309 All funds received by Candidate running for office
treated as campaign contribution.
Section 310 Candidate shall have one coramittee and one campaign
account.
Section 311 Contributions from certain Contractors prohibited; that
is, a contractor doing business with City in amount
of more than $1,000 cannot contribute to the campaign.
n.
"Contractor" defined to be: those providing personal
services, furnishing of materiAl, supplies, egw.pwent, o
selling or leasing of any land or building to the City.
The intent of this prohibition would beta
op prevent.
the
appearance of impropriety, whether oro
of
interest under state law exists. This provision has
not be tested in the courts.
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Section 312 Contributions to "non-elactOa city public officials"
prohibited when contributor has matter pending before
the city official during the preceding 12 months and for
3 months rollowing the date a final decision is rendered.
Example: A Tustin City Planning Commissioner would be
barred from soliciting a contribution from
a developer to be used in a Councilmember's
Campaign.
Section 400 Creates a $30,000 expenditure cap if Candidate
accepts ,this cap'' on a v'ojun azV-basis
Section 500 If $30,000 lid accepted, then $500 Gap on individual
contributions kicks in.
Also, the $10,000 -.total lid on contributions* from
non -individuals applies.
Section 700 Candidate shall disclose source of each 50ntriliution
(name, address, employer) if more than $50)
�ecti.on
800
Each
violation is a misdemeanor
section
801
city
Attorney authorized to bring civil actions
or -Resident may bring civil action; complaint must first
be filed with City Attorney
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EXHIBIT B
THE CITY' OF TUSTI N CAMPAIGN REFORM ORDINANCE
x2-2.91 DRAFT FOR, PUBLIC COMMIENT
CONTACT BERIOLEP MAUGHAN AT 882-4848
Article 1
FINDINGS AND PURPOSES
140. Title
This ordinance shall be known as the City of Tustin Campaign
Reform Ordinance.
10L Fine said Declarld=s
.-The people find and declare each of the following: a •timate
a Monetary contributions to political campaigns ara l financial
C)
form of participation in the American political process, butethe them to
strength o-zertain individuals or organizations shoals on not he election of
exercise a disproportionate or controlling► influence
candidates.
rapidly increasing costs of political campaigns have forced
Cis) The p Y ,
man candidates to rase larger and larger percentages ffrmonee the Tustin
y acdfic financial stake in matters be
interest groups with a sp erCe tioxx that votes are being
City Council. This has caused the public
eontribut ons. This perception is
improperly influenced by monetary_
undermining the credibility and integrity of the governmental process.
(c) Candidates are raising less money in small contributions
more ha
Y
none in large individual and organizational contributions. hashis an
created the public impression that the small contributor
insignificant role to play in political campaigns.
Officeholders are responding to high campaign costs by raising
(d) Ot�iears. This fundraising
significant amounts of money in off election encourages contributions
distracts them from important public n3and gives gives incumbents an
which may have a Corrupting. influence
in and patently unfair fundraising advantage over potential
overwhelming
challengers. .
of the overnm
campaigns
process, the competitiveness of
(e) The integrity 8
ai s and public confidence in local officials are All diminishing.
p �
102. purpose of Ibis
The people enact this Ordinance � accomplish the following purposes:
p P have
To ensure that individuals and interest groups in our society
(a)
a fair and equal Opportunity to participate in the elective and governmental
processes.
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educe the influence of large contributors with a specific
(b) Tar thus countering
financial stake in matters before the Tustin City Council. b the sire of
the perception that decisions are influencedy
contributions than the best interests of the people of Tustin»therob reducing the
(c) To limit overall expenditures in carnpaignat Y
wear chestC for defensive
pressure on candidates to raise large catopcogaunicate reasonably with
purposes, beyond the amount necessary
voters.
(d) To eliminate off year- fundraising, of incumbents and
(e) To reduce the excessive fundraising advantage
. thus encourage competition for elective office• lesser proportion
(f) To allow candidates and officeholders to spend f the1r tie dealing
of their time on fundraising and a greater P 6 po0n o
with issues of importance to their Constituen sources in reasonable
(g) To improve the disclosure of contribution
and effective ways-
, (h) To help
restore public trust in governmental and electoral
institutions,
Artide 2
DEFINMONS
200, Interpretation of This the
the tez�a is Specifically defined in this Ordinance, r set
Unless ears from the context, the definitions contrary is stated or clearly appears
forth in Government vernment Code Sections 82000 et seq. shall govern the
interpretation of this Ordinance.
20L Candidate elective office in
"Candidate" means pny person running for any
' Tustin. C$m E,�s�ditusrs
202. Qualified ��°i
ed cam sign exPincludes all of
(a) "Qualified endlture" for candidates P .
the following: '
An ex enditure made by a candidate for city office, or se of
(X) committee controlled by such a candidate, for the of purpose
o
influencing or attempting to influence the actaons
rs
for or against the election of any city candidate. with
(2) A non -monetary contribution provided ce the requestocomof ornittee
the approval of the candidate, officeholder o
controlled by the Candidate or officeholder. mailing
ore
of
(3) That portion of the total cost of a slate mailing s
other campaign literature produced or authorized
. zed by cost atually
than one candidate which is the greater
paid or incurred by the committee or controlled committee of
U2 -2b -Y2 U4:bbfM rKUM XUUK&t & "U'Urr lv OJLUOL'J i Usc.i U .
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the candidate or the proportionate share of the totdidates
attributable to each such candidate. The number
otof ed to each
sharing costs and the emp nsidered inasis on or space d determining the cost
such candidate shall be candidate.
&ttributable to each such t include any payment if
(b) "Qualified campaign expenditure does no
It •s clear from the surrounding circumstances that it was not made in any
�
part for political purposes.
Article 8
• CONTRIBLMON LmUTATIONS
gpp, Y,imitations on Contributions From Persons person shall make to any
(a) except as provided in Section 500:1 a f such a candidate and no
candidate for office and the controlled ntrll d comm, te shall accept from
such candidate and the •candin candidate's totaling more than $100 for
any such person a Contribution
candidate is on the ballot or is a waste -in
each election in which th
candidate.orts or opposes
(b) person ersoin shall make to any committee which supe
t from each eu person a
any candidate and no such committee sUa $100 per election.
contribution or contributions totaling more boli not apply to a candidate's
(c) The provisions of this section a
contributloxi
of his or her personal funds to his or her own campaign
comxnittaeo but shall apply to contributions Bora a spouse.
SOi..
Limitations on ContributionS j`0m Non -Individuals • shall
accept N
candidate and the controlled committ" of such a candidate a any
t more than $10,o00 in contributions from non rn
®lection_
SM prohibition onNon-Election Year Cont-ftmtiQns •tee of such a
No
candidate or officeholder or the controlled cn before the date
person shall accept any conwhich
more than n the ballot or is a write-in
n the candidate or officeholder is listed
candidate.
0p3--ansfe a candidate or
catdidate and no committee controlled bydidate Hanning for
0 contribution to any other can
officeholder shall make any ortin or opposing a candidate for office-
office
ff co.
office or' to any comunittee dupp g a contribution
• tion shall not prohibit a city candidate from making
or to the
This secher
from his or her own personal funds to his or off�icen
can of any other candidate for city elective
3p4„ X�mitations on payments of Gifts and Honorria
02-26-92 04: bbPM HOM KUME & WUullxurr ru bizubZ0 rUIJ/ Uio
fund controlled by such a person
Shall receive more than $500 in
No officeholder
or candidate and any
and gifts in a two-year Period
mber of the candidates f�lY ac speafied
from any person other
in Government Code Section 82030(bX9)•
sa Retum of Contn"butions
•
not
A contribution shall not be considered to be received if it is
e osited, or utilized, and in addition it is returned to e
nor
negotiated, der
within fourteen (1 4) days of receipt.
SM Aggmption of Payments limitations in Sections 300-301, and
For purposes of the contribution
Section 304, the following shall apply' or or anization whose
(a) All payments made by a person d main wined or controlled
contributions or expenditure Activity association, political party or any
by any corporation, labor organization,anent, subsidiary, branch,
person or committee, including any P s.zation,
other P labor ors
division, department or local unit of the corporation, any group of such
association, political party or any other person, lperson or committee.
persons $hall be considered to be made by a s g. p person when ��' of the
(b) Two or more entities shall be treated as one p
following circumstances aPPlY•
(1) The entities sh
• are the majority of members of their boards of
directors.
(2) The entities share two or more officers. ame majority
()
3 The entities are owned or controlled by the s
shareholder or shareholders. relationship.
(r4) The entities are in a parent subsidiary .p which the
eneral partnership
(c) An individual and ndi�vidual and any corporation in which the
individual is a partner, or an
individual owns a controlling interest, shall be treated as ono PeT8 for office
In orts or opposes a candidate
(d) No committee which supe
rs individuals who serve ' as officers on an other
have a4 office ndidate. No
shall h supports or opposes the same c�a
committee which on
• act in concert with, or solicit or make contributions
ue o is to
committee shall
an other committee. This subdivision shall in or eontrol
behalf of, y .
treasurers of committees �f these treasurers do•not e orti andidates receive
in any way a decision an 'whether the cAndl at
contributions.
30'7.
roans
hall be considered a contribution from the maker ars e
(a) A loan s shall be subject to the contribution limitations of
guarantor of the loan and
this Ordinance.
(b) every loan t4
a candidate or the candidate's controlled committee
written agreement and shall be filed with the candidate's ed
shall be by wn`
tee's campaign statement on which the loan is first repo
comma
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The proceeds of a loan made to a candidate by a comm
ercial
�c) P ar course of business on the same
terms
lending institution in the regal
available to members of the public and which is secured or guaranteP.d
shall not be subject to the contribution limitations of this Ordinance.
(d)
ExtQnsions of credit [other than loans pursuant to subdivisiontivn
for a period of more than thirty (30) days are subject to the conte
limitations of this Ordinance.
e leo candidate who has made a loan to the candidate's commiLtee
� � aggregate for such loans.
shall be repaid more than $10,000 in the aggr g
gpg, F=Hy Contributions
a Contributions by a husband and wife shall be treated as separate
utions and shall not be. aggregated.
contributions a shall be
Contributions by children under eighteen years of age
to
treated as contributions by their parents and attributed prop
enc parent arent (one-half to each parent or the total amount to a single
custodial parent).
Money �eaei'ved by
dill treated as Contributions, �� or Gifts
X09. Mo y an elected city
Any funds (other than government funds received benses, related to
official which is used for expenses, including leggy oxcan�date ming
holding public office) received by any elected ll�d b such an official or
i the jurisdiction or. any comm�tteeccon contribution, income or a
candidate shall be considered either c received by eu h persons shall be subject foto
gift. All campaign contribute
si contributions are
the provisions of this Ordinance unless such
jurisdiction. All income and
used exclusively for elections held outside a� nl rovisions of the Political
gifts shall be subject to the disqualification
et seq.
Reform tact, Government Code Sections 8
310. One Cam aign Committee and One Cheeldng Account Per Candidate
A
candidate shall have no more than one campaign committeeshalland
one account out of which all expenditures, shall be made. This Sectionn
not prohibit the establishment of savings accounts,
t . but no qualified ie
campaign expenditures shall be made out of these
311. Prohibition on Coubibut ions F)rom Contractors Doing Business With
the Jurisdiction
on who contracts with the jurisdiction, for the rendition of
No Dors lies . or
personal services, for the furnishing of any material, supe
P ent to the jurisdiction, or for selling or leasing any land or building
equipment a
to the jurisdiction. whenever the value of such transaction exceeds $1,000t
� committee
shall make any contribution to an elected Official. candidate, or
controlled b such official or candidate at any time between
the
commencement of negotiations and either the co pl do contract,
performance under, or the termination of negotiations for,
suchwhichever occurs later. .
U2-2o-YZ N:bbrM rXUM KUUKnt & WMI"" lv 0J4U0L'J 1 UiJ/ UiU
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s12. Solicitation of Contributions fm= Persons Who have City Rus'nesc
'
No non -elected city public official shall solicit, direct or receive a
from an person, or his or her agent, who has a proceeding contribution f Y p before the p
involving legislative or administrative action pending 12 months
official or has had such a matter pending during the preceding
and for 3 months following the date a final decision is rendered by the
agency of the official.
$13. Cos From tbue Candidate and the Candidate'sSp4 searldidate's
The provisions of this Ordinance shall not apply to
contribution ution of his or her personal funds to his or her own campaign
committee, but shall apply to contribution from a Spouse.
Article
400. E penditure
' to for office who accepts expenditure ceilings and any
No Candida
qualified campaign
cQntr;1 d committee of such. a candidate shall Maer el oon.
expenditures above the following a�nownt. $30,000 p
p
40L Mme p'ericd fOr ErPencUturesgn
For purposes of the expenditure
expenditures made at any time up to the date of the election; and 30 days
thereafter shall be considered expenditures for that eleciaon. ,
Article 5
Lure Ceilings
5W.
Caredxdate Ameptance or Rejection of
' his or her
a Each candidate for office, at the time of filing
of the
i ,tion papers, shall file a statement of acceptance ]
ziomina_ P p if he or she agrees to accept the
expenditure ceilings in Article 4.
expenditure ceilings, the candidate shall not be subject to the contribution
limitations tions in Sections 300, but shall be subject to the contra
�
limitations in Section 501.
' ' sin Section
(b)
If a candidate declines to accept the eXbutionlimitations in Section
400, the candidate shall be subject to the contnbutaon li
300.
candidate who agrees to accept the expenditure ceilings in
(c) A
Section 400 may not change that decision, except that if an Opposing his
candidate files a statement of rejection, then the candidate may rescan
ing
or her acceptance within ten (10) calendar days of the last date ce ted ling
omination papers provided that the candidate has not ns set forth in Sections
n eater than the llm�tatio
contributions in amounts gr
300.
02-2b-YZ W bttM MUM KUUXft � WU XVK lu oJGuoc: ruin/ uio
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60L Contribution imitations for Candidates Accepting Expenditure
Ceilings
who acrep is the expenditure ceilings in Section 400 shall
A candidate
be subject to the limitations set forth in Sections 301.313 of this Ordinancethe
In
addition, no person shall make to any candidate for office
f is and the
candidate's controlled cor�amittee and no euhf�om any person a
te
candidate's controlled committee shall more than accept500 for each election in
contribution or contributions totaling
candidate is on the ballot or is a write-in candidate if such a
,whithe ch
candidate has accepted the expenditure ceilings.
d
Article 6
s r a+�► e' s
spp. Contribution Y,.irnitat ions
Any person who makes independent expenditures supporting
n the
or
oposing a candidate shall not accept any contribution in excess
amounts set forth in Section 300.
601, tReprodncgon of Materials material
Any person who reproduces, broadcasts or distributes
o dot b�, syc�didate
which is, drafted, printed, prepared or previously
or a committee
controlled by such a candidate shall report such an
expenditure as a non -monetary contribution to such c9mcliciaLte or
committee.
60.,.. Notice of Tn&pendent Exdi
penbnw expenditures of more than $250
Any person who makes indepnnd�n�?dQ� shall notify the local filing
in support of or in opposition to any telegram each time
officer and all candidates ruining for the same seat by
Ws threshold is met.
Article
,�DDYTIONAL DYSCLOSLME F-EQUMEMENTS
700. Disclosure Threahol&
• •on to the disclosure requirements of the Political Reform heir
In addition
encin with Government Code Section 81000, candidates, ort or
comm g
controlled committees and other committees primarily all formed � lapng $50
oppose candidates in Tustin, shall disclosecontribution as well as the name,
or more, by providing the amount of the
tion and employer of each such, contributor; and shall
address, occupa by providing the amount
disclose all expenditures of $50 or more,
expenditure as well as the name and ,address of the vendor and a
description of the consideration for the payment.
70L Additional Pre-Elw ion Campaign Statement
02-26-y2 H:tb?m rXUM K uUt & WUU0XUrr lu
161
pursuant to
- icon to the campaign statement& required to be filed u Section
In add
the political Reform Act, commencing with Government committees primarily
81000, candidates, their controlled cites in committees i n shall file a pre-election
formed to support or oppose candidates in Tustin
statement on the
Friday before the election: This statement shall have a
closing date of the Wednesday before the election.
702. DL%ciosixxe of Occupation and EmpYeS
account
No covin co
contribution shall be deposited into a campaign checkingn contributor is on
unless the name, address, occupation and employer of the
file in the records of the recipient of the contribution.
Article 8
CriminalMisdemeanor Actions
rovib'on of this Ordinance is guilty of a
Any person who violates any p other person to violate any
Any person who causes anY other person in the
misdemeanor• or who aids and abets any
provision of this Ordinance, • ' on of
• vision of this Ordinance, , shall be liable n it the
violation of any pro •
on of
provisions of this Ordnance. Prosecution for v�olat� ears after the date on
's Ordinance shall be commenced within four (4 Y
ixu
which the violation occurred.
80L Civil A.ctioas provision
(a) Any person who intentionally or negligently violat�h qtyattorney
's Ordinance shall be liable in a civil. action brougahmount not more than
of thi within the jurisdiction for an
or by a person residing
three times the amount of the unlawful contribution or
expenditure or
$5,000 per violation whichever is greater. for an violation, they shall
(b) If two or more persons are responsible Y
be jointly and severally liable.
filing a civil action pursuant to this subdiio�
(C) y person, beforeg written request for the city attorney
shall first file the city attorney a wri q grounds
' on. The request shall contain a statement of the •thin
commence the acts
for believing
a cause' action exists. The city attorney shall ther he or she
t (40) days , after receipt of the city
indicatings in the affirmative
for y
intends to file a civil action.
If the ci y ar' thereafter, no other action may be
and files a suit W'W forty t40 t the city attorney is dismissed without
brought unless the action brough Y
prejudice. take into
(d) In
dEtermining the amount of liability, the court � ability of the
count the seriousness of the violation and the defendantdor defendants in
ac judgment is entered against the
defendant. If a judgm receive fife percent of the amount recovered.
an action, the plaintafi shall rece Y
• cent shall be deposited into the gemeral fund• In an
The rema�u�ng fifty Per
02-26-92 04 : 55PM FROM ROURKE ,. ill: _: r lu bjzudz� ru i ai u l a
9
"aid to the
tion brought by the city attorney, the entire amount shall be p
ac jurisdiction. •
general fund of the ) rovision of this
(e) No civil action alleging a violation of rn� cre date the violation
Ordinance shall be filed more than four (4) years aAe
occurred.
802. Wunctive Relies the city attorney,
Any person residing in the jurisdiction, includi compel compliance
may sue for injunctive relief to enjoin violations or
with the provisions of this Ordinance.
ga Cost of Litigation
The court may award to a plaintiff or defendant, other thank agency,
of
who prevails in any action authorized by ��$ Ordin=C43,
his or litigation, including reasonable attorneys fees.
Article 9
bnSC OLTS PR.OWSIONS
go. AppUcability of Other Yaws licable
Nothing in this Ordinance shall exempt. any person from app
provisions of any other laws of this state or jurisdiction.
901. Severability
If any provision of this Ordinance, or the application of any such
' n to an person or circumstances: shall be held invalid, or the
provision y
remainder of this Ordinance to the extent �t ca stancbe es other than those
application of such provision to persons or circum
as to
which it is held invalid, shall not be affected thereby, and to this extent
the provisions of this Ordinance are severable.
802. Eff CaVe Katie
This Ordinance shall become effective thirty days after its enactment.
�